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Mayor and City Council
City of Lakewood
445 South Allison Parkway
Lakewood, Colorado 80226
Re: Gorsuch Kirgis LLP Year 2003 Contract for Legal Services with the City of Lakewood
Dear Mayor Burkholder and Members of the City Council:
Three years ago, the City Council renewed our firm's contract to provide legal services for the City of Lakewood through April 30, 2003. We are honored and proud to have provided legal services to the City of Lakewood continuously since 1978. Your favorable consideration in renewing our contract for another three years is requested.
Our continuous representation of the City of Lakewood for 25 years demonstrates that the use of outside counsel can be, and is, effective. The core group of attorneys at Gorsuch Kirgis who have represented Lakewood over the years has changed very little: I have devoted all of my time to the City of Lakewood since 1980. As Deputy City Attorney since 1980, Paul Kennebeck has handled a wide range of general municipal issues for the City. Janet Young has served as the legal advisor for Lakewood's Police Department for 20 years. Legal advice for the City's various pension programs has been provided by Steve Weinstein since 1978. Randy Funk has provided advice on finance, economic development and complex development matters since 1979. Malcolm Murray has provided condemnation and land use expertise since 1983, and has also advised the Lakewood Reinvestment Authority since its inception. Collectively, these six attorneys have 138 years' experience in providing legal services for the City of Lakewood. Our knowledge of issues specific to the City of Lakewood, our good working relationship with all departments, and our interaction with many City employees is of real value. Throughout a year's time, it is not unusual to have 25 attorneys from our firm provide legal services in their areas of expertise to Lakewood.
Even though the City may call upon the expertise of 25 attorneys from time to time, the City only pays for their time expended. The City does not have to maintain a large number of attorneys on a continuous basis. As the need occurs, attorneys are available to respond without the delay of recruiting, hiring and training. As an example, Charles McVay has continued to represent the City on an as needed basis regarding the Mt. Carbon bankruptcy. He is the expert on Chapter 9 bankruptcies in Colorado. This type of experience is not usually found in a city attorney's office or in smaller firms which serve as attorneys for municipalities.
AgDuring these last three years, our firm has assisted the City Council and City Administration in many significant projects, such as: preparing and reviewing all of the legal documents and financing documents for the Certificates of Participation financed projects which include the Whitlock Center, the Link, the Carmody Center, the Homestead Golf Course and the Community Resources maintenance facility; continuing the legal preparation and review of the documents regarding the Mills Project; legal research and preparation of an ordinance regulating crematories; preparation and review of the legal and financial documents for the Belmar Project; review of the several proposed plans and the ultimate plan filed in the federal bankruptcy court regarding the Mt. Carbon Metropolitan District; and ongoing economic development projects and annexations. These are examples of the varied projects that are typical of our representation of the City of Lakewood and demonstrate the City's need for broad legal experience and expertise.
Over the last three years, we have been successful in recovering attorneys fees, either through court order or agreement, in excess of $250,000. These funds have been paid into the general fund of the City but represent reimbursement to the City for legal services performed. If the current plan filed in the federal bankruptcy court in the Mt. Carbon bankruptcy case is approved, the City may expect to be reimbursed $650,000 for fees paid to the firm and other consultants by the City when the plan becomes effective.
In addition to representing Lakewood as City Attorney, we are also the City Attorney for Wheat Ridge, Idaho Springs, Silverthorne, Lyons, Platteville, Gilcrest, Leadville and Hot Sulphur Springs. We are special counsel for cities such as Steamboat Springs, Grand Junction, Loveland, Englewood, and Westminster. Our firm is active in various associations such as the Colorado Municipal League, the Rocky Mountain Land Use Institute, the American Planning Association and the Metropolitan City Attorneys' Association.
In preparing this letter, I have reviewed past correspondence requesting your favorable consideration of renewing our contract. Much of what has been presented by our firm to the City Council in the past is still applicable today. We take pride in representing the City of Lakewood. We believe the services we have provided to the City of Lakewood have been highly professional, at a reasonable cost to the City, and with the City's best legal interests always as our objective. We stand ready to answer any questions the Council may have relative to our contract and sincerely look forward to continuing our representation of the City of Lakewood for an additional three years.
Very truly yours,
GORSUCH KIRGIS LLP
Roger W. Noonan
RWN/wfc
cc: Michael J. Rock, City Manager
MEMORANDUM
TO: Lakewood City Council
FROM: Roger W. Noonan, City Attorney
DATE: May 13, 2003
RE: Gorsuch Kirgis Contract
At the Study Session, members of Gorsuch Kirgis will make a brief presentation to you and then be available for your questions regarding the renewal of our contract to provide legal services for the City of Lakewood. Enclosed please find a copy of my letter to you, dated March 18, 2003, and a copy of the firm brochure telling you a little of the firm's history and the different areas of law in which we practice.
Our contract with the City is essentially the same as it has been for the last 25 years with minor modifications throughout that time period. In essence, we are retained to provide all of the legal services for the City with certain exceptions. The exceptions are: Ray Petros represents the City on water issues and Ken Fellman represents the City on telecommunications and electric and gas issues. Our fees for legal services performed for the City of Lakewood are based upon 80% of our standard hourly fees, except for the services of the municipal prosecutors, the legal advisor to the Police Department, and their support staff, which are charged at the firm's cost, plus 10%. We submit to the City an itemized statement for services rendered each month which is coordinated with the City's budget accounts for ease of review and billing. The City provides office facilities for the Municipal Prosecutors' office, the Police Legal Advisor, the City Attorney and the Deputy City Attorney. Even though our Agreement with the City is for three years, the City Council has the ability to terminate this Agreement upon 60 days written notice.
Through the years, we have developed an excellent working relationship with the City Council and the City Administration. The challenges of representing a large city such as Lakewood are many. Our objective as legal counsel for the City is to provide creative and objective advice and utilize our skills in ways that enable the City to accomplish its objectives in accordance with applicable law. The City has initiated many unique and important projects in the recent past and is poised to implement significant economic projects in the near future. These projects and programs will require experienced, highly skilled lawyers to provide the needed legal services. We believe we are uniquely qualified to provide these services.
As my March 18, 2003, letter states, there are several attorneys in our firm who have extensive experience with the City. In addition, on an annual basis, 20 to 25 attorneys within the firm are called upon by me to perform services for the City of Lakewood in their area of expertise. Not only does this demonstrate our ability to serve the City, but it also demonstrates the breadth of the legal issues confronting the City of Lakewood. As new laws are passed, new court decisions are announced, and new political policies adopted, providing municipal services continues to be a challenge.
It is with a sense of satisfaction and pride that we ask your favorable consideration
in renewing our contract with the City of Lakewood for an additional three years.
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